Mularczyk v. Damico Contracting, 2010 ACO #136
The claimant in this matter was injured approximately 20 minutes prior to the start of his shift as he exited his vehicle on the way to a port-a-potty. It was customary for the employees to arrive 15-20 minutes prior to their shift and wait for a foreman to indicate when work was to begin. The magistrate initially awarded benefits, indicating that it should be presumed the claimant was within the course and scope of his job duties pursuant to MCL 418.301(3). Specifically, the injury occurred within a “reasonable time” before the start of his working hours. The WCAC overturned the magistrate’s decision and indicated that the 20 minutes prior to the start of the shift was a primarily social event. The plaintiff appealed to the Court of Appeals and they held that an injury within 20 minutes of shift start time was within a reasonable time and remanded to the WCAC for findings consistent with their holding.

Key Point: The determination of whether the reasonable time exception to the “going to and coming from” rule applies requires a fact intensive analysis regarding the typical activities performed during that time as well as the standard procedures of the employer.